Notice of the Ministry of Public Security and the Ministry of Justice of the Ministry of National Security of the Supreme People’s Procuratorate City, the Supreme People’s Court issued the Opinions on
Xinhua News Agency, Beijing, June 21st
Notice of the Ministry of Public Security and the Ministry of Justice of the Ministry of National Security of the Supreme People’s Procuratorate City, the Supreme People’s Court issued the Opinions on Punishing Taiwan independence diehards for their crimes of secession and incitement to secession.
Higher people’s courts, people’s procuratorates, public security departments (bureaus), national security departments (bureaus), judicial departments (bureaus) of all provinces, autonomous regions and municipalities directly under the Central Government, military courts and military procuratorates of the People’s Liberation Army, Production and Construction Corps Branch of the Higher People’s Court of Xinjiang Uygur Autonomous Region, People’s Procuratorate of Xinjiang Production and Construction Corps, Public Security Bureau, State Security Bureau and Judicial Bureau:
In order to punish Taiwan independence diehards for crimes of secession and incitement to secession according to law, and earnestly safeguard national sovereignty, unity and territorial integrity, the Supreme People’s Court, the Supreme People’s Procuratorate, the Ministry of Public Security, the Ministry of National Security and the Ministry of Justice jointly formulated the Law on Punishing Taiwan independence diehards for secession according to law, according to the provisions of the Anti-secession Law, the Criminal Law of People’s Republic of China (PRC), the Criminal Procedure Law of People’s Republic of China (PRC) and other relevant judicial interpretations.
The Supreme People’s Procuratorate, the Supreme People’s Court
Ministry of Public Security, Ministry of National Security and Ministry of Justice
May 26, 2024
Opinions on punishing the "Taiwan independence" diehards for crimes of secession and incitement to secession according to law.
In order to punish Taiwan independence diehards for crimes of secession and incitement to secession according to law, and earnestly safeguard national sovereignty, unity and territorial integrity, this opinion is formulated in accordance with the Anti-Secession Law, the Criminal Law of People’s Republic of China (PRC), the Criminal Procedure Law of People’s Republic of China (PRC) and other relevant judicial interpretations, combined with the actual work.
I. General requirements
1. There is only one China in the world, and Taiwan Province is an inalienable part of the territory of China. A handful of "Taiwan independence" die-hards wantonly carried out "Taiwan independence" separatist activities, which seriously endangered peace and stability in the Taiwan Province Strait and seriously harmed the common interests of compatriots on both sides of the strait and the fundamental interests of the Chinese nation. The people’s courts, people’s procuratorates, public security organs, state security organs and judicial administrative organs should give full play to their functions, severely punish the "Taiwan independence" diehards for their crimes of secession and incitement to secession, and resolutely safeguard national sovereignty, unity and territorial integrity.
Second, accurately identify the crime
2. Whoever organizes, plans or carries out one of the following acts for the purpose of splitting Taiwan Province from China shall be convicted and punished for the crime of splitting the country in accordance with the provisions of the first paragraph of Article 103 of the Criminal Law:
（1）发起、建立“台独”分裂组织，策划、制定“台独”分裂行动纲领、计划、方案，指挥“台独”分裂组织成员或者其他人员实施分裂国家、破坏国家统一活动的；
（2）通过制定、修改、解释、废止台湾地区有关规定或者“公民投票”等方式，图谋改变台湾是中国一部分的法律地位的；
（3）通过推动台湾加入仅限主权国家参加的国际组织或者对外进行官方往来、军事联系等方式，图谋在国际社会制造“两个中国”、“一中一台”、“台湾独立”的；
（4）利用职权在教育、文化、历史、新闻传媒等领域大肆歪曲、篡改台湾是中国一部分的事实，或者打压支持两岸关系和平发展和国家统一的政党、团体、人员的；
（5）其他图谋将台湾从中国分裂出去的行为。
3.在“台独”分裂犯罪集团中起组织、策划、指挥作用的，应当认定为刑法第一百零三条第一款规定的“首要分子”。
4.实施本意见第二条规定的行为，具有下列情形之一的，应当认定为刑法第一百零三条第一款规定的“罪行重大”：
（1）直接参与实施“台独”分裂组织主要分裂活动的；
（2）实施“台独”分裂活动后果严重、影响恶劣的；
(3) Others that have played a significant role in the separatist activities in Taiwan independence.
5. The implementation of the acts stipulated in Article 2 of this opinion shall be deemed as "active participation" as stipulated in the first paragraph of Article 103rd of the Criminal Law in any of the following circumstances:
(1) Participating in the separatist activities of the "Taiwan independence" separatist organization for many times;
(2) playing a key role in the separatist organization of "Taiwan independence";
(3) actively assisting the ringleaders in organizing and leading the separatist organizations in Taiwan independence;
(4) other active participants.
6. Whoever commits the acts specified in Article 2 of this opinion, if the ringleader or the crime is serious, shall be sentenced to life imprisonment or fixed-term imprisonment of not less than 10 years, and if the harm to the country and people is particularly serious and the circumstances are particularly bad, he may be sentenced to death; Those who actively participate shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Other participants shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.
7. Whoever commits one of the following acts for the purpose of splitting Taiwan Province from China shall be convicted and punished for inciting secession in accordance with the provisions of the second paragraph of Article 103 of the Criminal Law:
(1) Stubbornly advocating the separatist idea of "Taiwan independence" and its separatist action program, plan and scheme;
(2) Other acts of inciting the secession of Taiwan Province from China.
8. If the acts specified in Article 7 of this opinion are serious, resulting in serious consequences or particularly adverse effects, they shall be deemed as "serious crimes" as stipulated in the second paragraph of Article 103 of the Criminal Law.
9. Whoever commits the acts specified in Article 7 of this opinion shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights; Ringleaders or those who commit serious crimes shall be sentenced to fixed-term imprisonment of not less than five years.
10. Those who commit the acts specified in Articles 2 and 7 of this opinion may also have their property confiscated.
11. Whoever colludes with foreign or overseas institutions, organizations and individuals to commit the acts specified in Articles 2 and 7 of this opinion shall be given a heavier punishment in accordance with the provisions of Article 106 of the Criminal Law.
12. If the criminal acts of "Taiwan independence" diehards to split the country or incite secession are continuous or continuous, the time limit for prosecution shall be counted from the date when the criminal acts end. After a public security organ or a state security organ files a case for investigation or a people’s court accepts a case, those who evade investigation or trial are not limited by the time limit for prosecution.
Third, the correct application of procedures
13. If the criminal suspect who should be arrested is at large, the public security organ and the state security organ may issue a wanted order and take effective measures to pursue and bring him to justice.
14. If a criminal suspect or defendant voluntarily confesses his crime truthfully, admits the alleged criminal facts and is willing to accept punishment, he may be treated leniently according to law.
15. "Taiwan independence" diehards voluntarily give up their separatist stance of "Taiwan independence", stop carrying out separatist activities of "Taiwan independence", and take measures to mitigate, eliminate the harmful consequences or prevent the harm from expanding. If it conforms to the provisions of the first paragraph of Article 182 of the Criminal Procedure Law, they may dismiss the case, not prosecute or not prosecute one or more of the suspected crimes.
16. A criminal suspect or defendant enjoys the right of defense according to law. In addition to exercising the right of defense by himself, he may entrust one or two people as defenders.
17. If the criminal case of "Taiwan independence" diehards splitting the country and inciting secession, which requires timely trial, is approved by the Supreme People’s Procuratorate, the criminal suspect and defendant are abroad, and the public security organ or the state security organ transfers the case for prosecution, and the people’s procuratorate thinks that the criminal facts have been ascertained, the evidence is true and sufficient, and criminal responsibility should be investigated according to law, it may bring a public prosecution to the people’s court. After examination, the people’s court shall decide to hold a trial if the indictment contains clear facts of the alleged crime and meets the applicable conditions of the trial by default procedure.
The case mentioned in the preceding paragraph shall be tried by a collegial panel of the intermediate people’s court designated by the Supreme People’s Court.
18. The people’s court shall serve a copy of the summons and indictment on the defendant after the people’s procuratorate files a criminal case of "Taiwan independence" diehards splitting the country and inciting it to split the country. After the copy of the summons and indictment is served, if the defendant fails to appear in the case as required, the people’s court shall hold a hearing, make a judgment according to law, and deal with the illegal gains and other property involved.
19. The people’s court tried by default the criminal case of "Taiwan independence" diehards splitting the country and inciting it. The defendant has the right to entrust one or two defenders or their close relatives to entrust them. Commissioned overseas, the authorization shall be notarized and authenticated in accordance with the relevant provisions.
If the defendant and his close relatives have not entrusted a defender, the people’s court shall notify the legal aid institution to appoint a lawyer to defend the defendant. If the defendant and his close relatives refuse the lawyer appointed by the legal aid institution to defend, the people’s court shall find out the reasons. If the reason is justified, it shall be allowed, but the defendant or his close relatives shall entrust another defender within five days; If the defendant and his close relatives have not entrusted a defender separately, the people’s court shall notify the legal aid institution to appoint a lawyer to defend him within three days.
20. The people’s court shall serve the judgment on the defendant, his close relatives and defenders when trying the criminal case of "Taiwan independence" diehards splitting the country and inciting secession in absentia. If the defendant or his near relatives refuse to accept the judgment, they have the right to appeal to the people’s court at the next higher level. The defender may appeal with the consent of the defendant or his near relatives.
If the people’s procuratorate believes that the judgment of the people’s court is indeed wrong, it shall lodge a protest with the people’s court at the next higher level.
IV. Supplementary Provisions
21. Other crimes such as the crime of financing criminal activities endangering national security committed by diehards in Taiwan independence can be handled with reference to this opinion.
22. This opinion shall come into force as of the date of promulgation.